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CT3186/2013
20 May 2014
1 July 2014
at 09:30am CEST
Tender Opening:
1 July 2014
At 10:00am CEST
IMPORTANT
Clarifications shall be uploaded and will be available to view/download from www.etenders.gov.mt
This
e-tender does not require print-outs from this document. Please consider your environmental
responsibility before printing.
Department of Contracts
Notre Dame Ravelin, Floriana FRN 1600, Malta. Tel: (356) 21220212. Fax: (356) 21247681 Email: info.contracts@gov.mt
IMPORTANT NOTE
Submission of e-tenders
If a tender needs to be submitted by an MFSA-registered organisation and other
Economic Operators who qualify as per Terms of Use of the ePPS, users need to log into
the ePPS with the organisation eID.
EPPS users holding a sole trader account are kindly reminded that their account can only
be used to submit tenders under their sole traders name and not on behalf of any other
organisation.
In case a tender needs to be submitted by a Joint Venture/Consortium, an account needs
to be created through the ePPS for the Joint Venture/Consortium and only this account
must be used to submit the tender.
In the case where a person requires to submit a tender on behalf of an entity, which may
be an organisation or Joint Venture/Consortium, the submission must be performed
through the account of the entity. The latter must assign the person an account to
perform the submission on its behalf, if the person is not already assigned. The entity
will be considered as the economic operator submitting the tender.
Economic Operators are reminded that Account registration for Sole Traders and Joint
Ventures/Consortia is directly through the ePPS at www.etenders.gov.mt while MFSAregistered organisations and other Economic Operators who qualify as per Terms of Use
of the ePPS must register through the MyGov website at www.mygov.mt.
Prospective Bidders are reminded to follow the above instructions and other instructions
in the Terms of Use of the e-procurement system and the Manual for Economic Operators
available under the Help tab of the epps homepage.
The Department of Contracts reserves the right to disqualify Economic Operators who do
not abide by the above instructions.
Page 2
Table of Contents
Table of Contents ...........................................................................................3
SECTION 1 INSTRUCTIONS TO TENDERERS ............................................................5
1. General Instructions ................................................................................... 5
2. Timetable ............................................................................................... 5
3. Lots ...................................................................................................... 6
4. Variant Solutions ....................................................................................... 6
5. Financing ................................................................................................ 6
6. Clarification Meeting/Site Visit/Workshop ......................................................... 6
7. Selection and Award Requirements ................................................................. 6
8. Tender Guarantee (Bid Bond) ........................................................................ 8
9. Criteria for Award...................................................................................... 8
SECTION 2 EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS .......................9
Right of Recourse - Regulation 21 of the Public Procurement Regulations ....................... 9
SECTION 3 SPECIAL CONDITIONS ..................................................................... 11
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
6. Requirements ......................................................................................... 19
6.1 Personnel .................................................................................................................. 19
6.3 - Facilities to be provided by the Consultant ......................................................................... 19
6.4 Equipment ................................................................................................................. 19
7. Reports ................................................................................................ 20
7.1 - Submission & approval of progress reports .......................................................................... 20
DRAWINGS .................................................................................................. 21
List of drawings attached .............................................................................. 21
List of design documents available ................................................................... 21
SECTION 5 SUPPLEMENTARY DOCUMENTATION ................................................... 22
5.1 Draft Contract Form .............................................................................. 22
5.2 Glossary ............................................................................................ 22
5.3 Specimen Performance Guarantee ............................................................. 22
5.7 General Conditions of Contract ................................................................. 22
~~~~~~~~~~~~~~~
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In submitting a tender1, the tenderer accepts in full and in its entirety, the content of this tender
document,
including
subsequent
Clarifications
issued
by
the
Central
Government
Authority/Contracting Authority (CGA/CA), whatever his own corresponding conditions may be, which
he hereby waives. Tenderers are expected to examine carefully and comply with all instructions,
forms, contract provisions and specifications contained in this tender document. These Instructions
to Tenderers complement the General Rules Governing Tenders version 1.8 dated 8 April 2014
(available from www.etenders.gov.mt under Resources).
No account can be taken of any reservation in the tender as regards the tender document; any
disagreement, contradiction, alteration or deviation shall lead to the tender offer not being
considered any further.
Prospective tenderers must submit their response to this tender online, at www.etenders.gov.mt, by
completing the prescribed tender response format using the Tender Preparation Tool (TPT) provided
by the System. Please note that the TPT was recently updated. This means that anyone who has
downloaded the TPT in the past will need to download this tool again. If this is not done, the tender
package, created using the old version of the tool, will not be accepted by the etenders portal.
Therefore, to avoid the inconvenience of having the tender package rejected, please make sure that
you fill in the tender structure using the latest version which can be downloaded from the
http://www.etenders.gov.mt portal. In case of any discrepancy between the requirements contained
in this document and those in the tender response format, the latter shall prevail.
Prospective tenderers take full responsibility to submit their electronic tender response (offer) well
before the tender submission deadline in order to avoid last minute upload restrictions. Tender
offers must be fully uploaded / accepted by the ePPS prior to the deadline for submission of offers,
that is, tenders in transit upon tender submission deadline will be rejected.
1.2
This is a call for tenders for the provision of professional services in carrying out a Road User and
Operators Satisfaction Survey for sections that have been upgraded on the Ten-T road network in Malta
and Gozo re:
Project
Project
Project
Project
Project
Project
1
2
3
4
5
6
1.3
1.4
2. Timetable
DATE
Workshop
TIME*
16 June 2014
23:45
25 June 2014
23:45
Unless otherwise indicated, a tender offer above 100MB will not be accepted by the system (ePPS)
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1 July 2014
09:30
1 July 2014
10:00
3. Lots
3.1
This tender is not divided into lots, and tenders must be for the whole of quantities indicated. Tenders
will not be accepted for incomplete quantities.
4. Variant Solutions
4.1
No variant solutions will be accepted. Tenderers must submit a tender in accordance with the
requirements of the tender document.
5. Financing
5.1
The project is being considered for co-financed by the European Union/Government of Malta, in
accordance with the rules of the Cohesion Fund programme.
6.2
Prospective tenderers may register to attend a workshop that will be organised in collaboration with the
Centre for Development, Research and Training at San Salvatore Bastion, Sa Maison Road, Floriana
FRN1610. During this workshop, prospective tenderers will be given the opportunity to familiarise
themselves with the new electronic tendering procedure.
Prospective tenderers are to register themselves to attend this workshop by sending an email on
etenders@gov.mt with the name, surname, role within the organisation, and contact details (telephone
and email address) of the nominated person by not later than one day before the convening of the same
workshop. Only one person will be allowed to participate for each prospective tenderer.
In order to be considered eligible for the award of the contract, tenderers must provide evidence that they
meet or exceed certain minimum criteria described hereunder.
(A) Eligibility Criteria
(i)
(ii)
Declare agreement, conformity and compliance with the General Rules Governing Tendering
Version 1.8 dated 8 April 2014 in the Tender Response Format
(available from
www.etenders.gov.mt)
(iii)
Declare agreement, conformity and compliance with the provisions of the Tenders Declaration
in Tender Response Format.
(iv)
1. Declare agreement, conformity and compliance with the provisions of the Statement on
Conditions of Employment in Tender Response Format. Please also attach the minimum hourly
workers costs involving the provision of the employees services. (Note 2)
2.
Power of Attorney (if applicable) (Note 2)
(v)
(vi)
(Note 2)
(i)
No evidence of financial and economic standing is required.
Proof of Technical Capacity
(ii)
Meet the following minimum requirements
(1)
Provide data concerning subcontractors and the percentage of works to be subcontracted as per
Form marked Sub-contracting to be submitted online through the prescribed Tender Response
Format and by using the Tender Preparation Tool provided. (Note 3)
The maximum amount of sub-contracting must not exceed [40%] of the total contract value.
The main contractor must have the ability to carry out at least [60%] of the contract works by his
own means.
(2)
A list of the key experts and other staff proposed for the execution of the
contract as per Form marked Key Experts.
Key expert 1: Team Leader Social Scientist
Qualifications and skills
-
A financial offer calculated on a basis of Delivered Duty Paid (DDP)2000 for the
services tendered as per Tender Response Format. (Note 3)
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(ii)
A filled-in Financial Bid Form (as per document available to download online from
www.etenders.gov.mt) as per Tender Response Format. (Note 3)
The sole award criterion will be the price. The contract will be awarded to the cheapest
priced tender satisfying the administrative and technical criteria.
Page 8
3)
Any tenderer or candidate concerned who is aggrieved by the award indicated by the contract authority
may, within five working days from the publication of the notice, file a letter of objection, together with a deposit,
with the contracting authority, clearly setting forth any reason for his complaint. The deposit to be paid in respect
of tenders valued at less than forty-seven thousand euro 47,000) shall be four hundred euro (400), while those
between forty-seven thousand euro (47,000) and one hundred and twenty thousand euro (120,000) shall be 0.5%
of the estimated value of the tender, with a minimum deposit of four hundred euro (400). The letter by the
complaining tenderer shall be affixed on the notice board of the contracting authority and shall be brought to the
attention of the recommended tenderer.
4)
After the expiry of the period allowed for the submission of a complaint, the contracting authority shall
deliver the letter of complaint, the deposit receipt and all documents relating to the public contract in question to
the Review Board who shall examine the matter in a fair and equitable manner. In its deliberation the Review
Board shall have the authority to obtain, in any manner it deems appropriate, any other information not already
provided by the contracting authority. The Review Board shall determine the complaint by upholding or rejecting
it. The written decision of the Review Board shall be affixed on the notice board of the contracting authority and
copies thereof shall be forwarded to the Director of Contracts and all the parties involved.
5)
(a)
Any tenderer or candidate who feels aggrieved by a decision taken by the Review Board may appeal
to the Court of Appeal (Superior Jurisdiction) as constituted in accordance with article 41(1) of the Code of
Organization and Civil Procedure by means of an application filed in the registry of that court within twenty
calendar days from the decision on which that decision has been made public.
(b)
A copy of the appeal application shall be served on the Contracting Authority and on the
recommended tenderer, if any, who may file a written reply within twenty days from the date of service.
(c)
The Court of Appeal shall set down the cause for hearing at an early date, in no case later than two
months from the date on which the appeal is brought before it and shall cause notice of such date to be given to
the parties who, on their part, shall assume the responsibility to visit the court registry and be aware of the latest
information regarding the appointment for the hearing of the case.
(d)
After appointing the application for hearing, and after listening to the oral submissions made by all
parties, the Court shall decide the application on its merits, within the shortest time possible but not any later
than four months from the day when the appeal had been filed and the parties have been duly notified. Pending
the decision of the Court, the process of the call for tenders shall be suspended.
6)
Tender documents issued in terms of this Part shall include a clause informing tenderers that the award of
the contract is subject to the right of recourse as provided for in this regulation, a copy of which should be
reproduced in the documents.
Page 9
7)
The Minister shall have the authority by order to extend the provisions of this regulation in order that
recourse as provided in this regulation be made available also by authorities listed in Schedule 3 and to prescribe
the procedure by which such recourse is to be granted.
Page 10
During Contracts stage written communication should be sent to the Roads and Infrastructure
Directorate (RID), Triq Agius De Soldanis, St. Venera SVR 1910, attention Project Leader CF 117
The parties shall agree before signing of the contract about the method of communication to the
used throughout the project
Further to the provisions of the General Conditions, the contractor shall be provided with a list of
road transport operators, a copy of the road user and road operator satisfaction survey templates
utilised at the pre-construction stage and a copy of the final report on the road user and road
operator surveys undertaken at pre-construction stage.
The Contracting Authority shall provide assistance to the Contractor on his request by obtaining
copies of the Laws of the Malta which are relevant to the Contract but are not readily available.
The Contractor shall, within 15 calendar days of receipt of the contract, submit a guarantee for the
full and proper performance of the contract to the Contracting Authority. The
amount of the guarantee shall be equivalent to 10% of the amount of the contract price, including
any amounts stipulated in addenda to the contract.
The performance guarantee shall be in the format given in Section 5 and shall be provided in the
form of a bank guarantee. It shall be issued by a bank in accordance with the eligibility criteria
applicable for the award of the contract.
The performance guarantee shall be released within 30 days from the date of issue of last payment.
Transport Malta shall retain full and sole ownership rights on the Road Users and Road Operators
Satisfaction Survey.
16.3
The execution of this contract will commence within two weeks from the last date of signing of
contract.
18.2
The execution period of this tender is eight (8) weeks which commences within two weeks from
date of last signature of the contract.
.
The contractor shall be liable to a deduction of a sum equivalent to 50 per calendar day for any
delay. The maximum amount of damages shall not exceed 15% of the contract value, pursuant to
which the contracting authority will have the right to invoke the clauses relating to the termination
of the contract and subsequent penalties.
26.2
Description
1 Upon approval of Inception Report
Road Operators Satisfaction Survey for all
Projects
Road User Satisfaction Survey for all Projects
1 Upon approval of Final Report
TOTAL
Percentage Payment
20%
30%
30%
20%
100%
The maximum period in which payments are to be effected is 60 days from the approval of the
works as per clause 26.1, failing which the provisions of the Late Payments Directive will come into
effect (30 days as per General Conditions).
Not applicable.
28.4
Not applicable.
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3.2 Risks
Surveyed people will not cooperate and thus the process to survey the required sample population
Page 15
will be lengthened.
4.1 General
4.1.1
Project Description
The construction works of this project included:
Project
Project
Project
Project
Project
Project
Marsa
The location of each of the projects is being indicated on the map attached
This survey involves the carrying out of a post road operators and road users satisfaction survey for
each road section. Surveys shall be carried out by telephone interviews. Survey shall be carried out
in Maltese or English depending on the preference of the person being surveyed. All the results shall
however be presented in English.
4.1.2
4.1.3
Target Groups
The Contracting Authority will be providing the pre-satisfaction survey questioner used for both the
Road users and Road operators to be adjusted by the awarded service provider to reflect the post
completion surveys.
Road Users:
Respondents shall be selected via random probability sampling. The sample population shall reflect
the satisfaction of road users in Malta and Gozo. A representative sample must be selected, having
a 95% confidence interval. The allowable margin of error is +/-3%.
The sample population shall also be adequately representative of the vulnerable road users i.e.
pedestrians and cyclists.
To be eligible to take part in the survey the respondents shall be 18 years or older and shall have
used the road section included in this project at some time in the preceding twelve (12) months.
Road Operators:
A list of road operators (numbering to around 760) shall be provided by Transport Malta. An attempt
shall be made to interview all the operators on this list. TM shall notify the target individuals prior
to the commencement of this survey. Each operator shall be questioned on a maximum of all the
road sections listed in Section 4.1.1 above.
Executive summary
Description of tasks to be carried out by the key experts.
Description of tasks to be carried out by other personnel.
List any inputs required from the Contracting Authority
Review the draft Questionnaire as in Appendix A and list recommendations of any
amendments required.
Review the draft Questionnaire as in Appendix B and list recommendations of any
amendments required.
Propose and describe the survey methods to be adopted and identify the sample numbers of
interviewees.
Programme of Works highlighting the timeframes up to the end of the contract.
Envisaged Risks to the implementation of this contract.
Agree with the Contracting Authority on any amendments required for Appendix B which is
the pre-construction satisfaction surveys which need to be modified for post-construction
satisfaction survey.
Agree with the Contracting Authority on survey methods to be adopted.
Test the questionnaire, carry out a pilot survey and recommend to the Contracting
Authority any revisions deemed to be required.
Carry out roadside interviews
Carry out telephone interviews
Evaluate and compile the results
Provide the Authority with a written report on the questionnaire, the data management and
weighting of the survey
Provide the Authority with a written report on the results of the Road Operators
Satisfaction Survey
The road operators satisfaction survey shall pose questions to respondents about:
Agree with the Contracting Authority on any amendments required for Appendix A which is
the pre-construction satisfaction surveys which need to be modified for post-construction
satisfaction survey.
Agree with the Contracting Authority on survey methods to be adopted
prepare the Road User Satisfaction Survey
Test the questionnaire, carry out a pilot survey and recommend to the Contracting
Authority any revisions to the questionnaire deemed to be required
Employ the most appropriate method of ensuring the maximum response rate
Carry out telephone interviews
Roadside interviews are carried out
Evaluate and compile the results
Provide the Authority with a written report on the sample design, fieldwork procedures, the
questionnaire, the data management and weighting of the survey
Provide the Authority with a written report on the results of the Road User Satisfaction
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Survey
The road user satisfaction survey shall pose questions to respondents about:
Responsible Body
The Roads and Infrastructure Directorate within the Transport Malta will be responsible for
managing this Contract. The consultant will report to the Project Manager or his appointed
representative.
4.3.2
Management Structure
In every case the Consultant shall obtain approval, in writing by the Project Manager or his
representative, before exercising any authority for which he is required to obtain prior
authorization. Furthermore he will not be entitled to make decisions on extensions of time stages
and time required under the contract.
4.3.3
5.1 Location
The location of the project is as described in Clause 4.1 of these Terms of Reference.
The intended commencement date shall not be more than two (2) weeks after the last signature of
the contract. The period of execution of the contract shall be as follows:
All tasks related to the Road Operators Satisfaction Survey and the Road User Satisfaction Survey
shall be carried out within eight (8) weeks after commencement date.
6. Requirements
6.1 Personnel
6.1.1
Other Experts
CVs for experts other than the key experts listed in clause 6.1 in Volume 1 Section 1, are not
examined prior to the signature of the contract. They should not have been included in tenders.
The Consultant shall select and hire other experts as required according to the profiles identified in
the Organisation & Methodology and these Terms of Reference. For the purposes of this contract,
international experts are considered to be those whose permanent residence is outside the
beneficiary country while local experts are considered to be those whose permanent residence is in
the beneficiary country.
The Consultant should pay attention to the need to ensure the active participation of local
professional skills where available, and a suitable mix of international and local staff in the project
teams. All experts must be independent and free from conflicts of interest in the responsibilities
accorded to them.
Note that civil servants and other staff of the Public Service of the beneficiary country cannot be
recruited as experts. See sub-article 9.5 of the General Conditions.
6.1.2
If the Consultant is a consortium, the arrangements should allow for the maximum flexibility in
project implementation. Arrangements offering each consortium partner a fixed percentage of the
work to be undertaken under the contract should be avoided.
6.4 Equipment
No equipment is to be purchased on behalf of the Contracting Authority / beneficiary country as
part of this service contract or transferred to the Contracting Authority / beneficiary country at the
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end of this contract. Any equipment related to this contract which is to be acquired by the
beneficiary country must be purchased by means of a separate supply tender procedure.
7. Reports
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DRAWINGS
Design Documents, including Drawings
Section 5.1
No
1.
Name
Drawing No
Section 5.2
Document Name
Date
1.
December 2012
2.
December 2012
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